Most bizarre smear campaign

[asterroc]

In Modesto CA, an election smear campaign has just turned discriminatory. One Republican candidate is claiming the other is unfit because he had a heart transplant.

The Modesto Bee article.

The flyer


Found by unofischal, feel free to repost.

Comments

[sclerotic-rings.livejournal.com]

And they're starting to feed upon one another. Oh, this is going to be an interesting election year...

[galbinus-caeli.livejournal.com]

Would it be inapropriate to cheer?

[zandperl.livejournal.com]

Meh, they're Republicans in California. The feeding frenzy will be short-lived.

[rubicat.livejournal.com]

THAT is effing twisted. Good grief!

[tikva.livejournal.com]

Well, with any luck, that'll knock the fucker right out of the race. Hopefully, he shot himself in the foot.

Certainly he lost the disability vote, which is substantial in California. Shame we can't get into the polling places....

[zandperl.livejournal.com]

*grumble* yeah.

Is someone with a heart transplant actually considered as having a disability under the ADA?

[tikva.livejournal.com]

Mmmmaybe. It's not diagnosis-specific. It's based on functional limitation. So if they're substantially limited in one or more major life activities, sure. HOWEVER, this isn't an ADA case, because the person being discriminatory is an individual, not an entity. (Were it an actual employer, it would be, because they're ASSIGNING limitation to the guy that he may not have).

Libel? Maybe, although it might be sticky. Certainly there's evidence of malice.

Discriminatory/possible hate speech? Sure.